Shashi Bhushan Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13631 of 2023 Arising Out of PS. Case No.-47 Year-2021 Thana- MAHILA PS District- East Champaran ====================================================== SHASHI BHUSHAN PANDIT Son of Babu Lal Pandit R/V- Bhawanipur Tekaha Ward no. 4, P.S- Sangrampur Dist- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhurendra Kumar For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 354B, 341, 323, 448, 34 of the Indian Penal Code and Section 7/8 of the POCSO Act.

As per prosecution case, the allegation against the petitioner is that he tried to outrage the modesty of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Both parties are co-villagers and due to previous enmity he has falsely been implicated in this case. The FIR has been

Patna High Court CR. MISC. No.13631 of 2023(3) dt.11-07-2023 2/2 lodged after delay of seven days. He has got no criminal antecedent. It is further submitted that the petitioner has not physically assaulted the victim. Moreover, He is languishing in judicial custody since 13.12.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Motihari (Mahila) P.S. Case No. 47 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judge-cum-Special Judge, POCSO, Motihari, East Champaran, Bihar.

(Sunil Kumar Panwar, J) Manishkumar/- U T